TUMAČENJE ČLANA 20 UGOVORA O FUNKCIONISANJU EVROPSKE UNIJE IN FAVOREM OSTVARIVANJA NAČELA NAJBOLJEG INTERESA DJETETA
THE INTERPRETATION OF ARTICLE 20 OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION IN FAVOREM REALISATION OF THE PRINCIPLE OF THE BEST INTERESTS OF THE CHILD

Summary/Abstract: In this paper, through the content analysis and comparative analysis, we explore selected case-law of the Court of the European Union which refers to the interpretation of Article 20 of the Treaty on the Functioning of the European Union. We are doing so in order to determine the extent to which the Court has contributed to realising the principle of the best interests of the child through the interpretation of the mentioned article when those interests were violated or threatened to be violated. The cases considered mostly refer to the issue of the right of residence of third-country nationals in a Member State of the European Union in situations in which those citizens have minor children who are nationals of a Member State and have the citizenship of the European organisation. The anthological Zambrano case is the backbone of this research, in which the Court mentions for the first time that Article 20 prevents a Member State to deny the right of residence to a third-country national upon whom their minor children, who are citizens of a Member State and have the EU citizenship, are dependent, and to refuse to grant a work permit to that third-country national, as this would deprive those children of the enjoyment of the substance of the rights belonging to them as citizens of the European organisation. Using the parameters set in Article 20 of the Treaty, we analyse the selected cases that followed the Zambrano case and make concluding remarks.

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